• Can Gairan land distributed among brothers equally?

Hi Sir,
We reside in hill area ST cast remote village in Telangana.
Around 40 years back government distributed GAIRAN land of 15 Acres among 3 brothers. But we are total 5 brothers. 4th and 5th (myself) brother were very young at that age. As per mutual understanding within family orally distributed land equally among 5 brothers and these many years we didn't face any issue. But now 1st,2nd,3rd brother children are denying to give land. And 4th,5th brother children are fighting for justice regarding equal distribution among all. How to distribute Gairan land? Can we do registration or patta among 5 brothers? if not what is the alternative paper proof for them?
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

the 15 acres land has been distributed only among 3 brothers

2) the other 2 brothers would not have any share in said land

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Refer the deed of allotment bearing the name of the brothers in whose favour the land was distributed.

if it is there then the deprived brother can file a suit for partition.

He should claim injunction also so the brother may not enjoy the proeprty exclusively depriving another brother.

The other brothers whose name is not appearing in the deed 40 years cannot claim any share in the land.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

you need consent of collector for transfer of land in favour of the brothers

2) there must be specific condition stipulated for grant of land namely that the grantee shall not mortgage, sell, assign or otherwise transfer the land or any portion thereof, except with the prior sanction of the Collector;

3) apply to the collector for partition of land among 5 brothers

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. The allotment deed will be proof of title.

2. Giving Patta is discretion of government. You can not force it,

3. All of you can execute and register deed of partition suit among all the brothers which will be binding upon their respective children.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Around 40 years back government distributed GAIRAN land of 15 Acres among 3 brothers.

If the land was allotted to three brothers lone, then they are the actual owners of the property, they can partition the property among themselves, the other brothers do not have any right in it nor they can claim any share in it.

How to distribute Gairan land? Can we do registration or patta among 5 brothers? if not what is the alternative paper proof for them?

The patta if not obtained so far, can be obtained in favor of the three brothers who were allotted the land and they can partition the property among themselves by drawing registered partition deed among themselves.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. How to do partition of Gairan land (proof or paper work)?

Since the property was allotted in favor of three brothers only, they can partition the property equally among themselves.

2. Can we do registration or patta among 5 brothers?

Since the property was allotted to three brothers alone, patta or registration cannot be done on 5 brothers name.

3. If not what is the alternative paper proof for all brothers, so that children cannot fight in future legally?

they can seek permission of the District collector who is an authority to permit them to divide the properties among 5 brothers.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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